After a divorce becomes final, many people may find it necessary to modify visitation, such as to fit changes in the child’s schedule and needs. South Carolina law allows co-parents to adjust the visitation or parenting time schedule if the person asking for the request can show that there is a need for it. Additionally, the proposed modification should align with the best interests of the children.
Our Greenville child custody lawyers have significant experience fighting for clients who have children and are ending their marriages or relationships. Our legal team respects the family dynamic, and we try to develop modification plans that align with the updated laws, the abilities of each parent, and the children’s best interest. We also have training in conflict resolution and negotiation strategies, equipping us with what is needed to help clients resolve custody and visitation disputes.
Can You Modify Visitation in South Carolina?
The SC child visitation guidelines allow parents to modify the original visitation or custody order. To do so, they need to request the court’s permission by filing special paperwork. Additionally, they must be able to prove the modification would be in the children’s best interests and is due to a substantial change in circumstances.
Substantial changes may include factors that make it difficult or impossible for the parent to abide by the original order. For example, if a parent is incarcerated, they may not be able to visit with the children like they could before. Likewise, if a parent believes they qualify for custody (instead of visitation), they could request this if they can show what has changed.
How To Modify Visitation Through the South Carolina Family Court
To modify someone’s visitation rights in SC, the person would need to file legal paperwork with the appropriate court. This might be the court that issued the original visitation and custody order. Or, it could be the court in the county where the child resides currently. An attorney can help parents understand what documents they need to file if they would like to modify the visitation order.
The parent should be able to provide valid legal grounds to ask the court to change the agreement. For example, the parent can explain that there is a significant change in circumstances that makes the current visitation agreement inappropriate. For example, the parent may show evidence of a safety concern in the home. Once the person files these legal documents, the court will review them and hold a hearing to learn more about the requested change. Then, the court will either hold additional proceedings or make a decision based on the information presented.
Temporary vs. Permanent Modifications
The court can issue permanent and temporary visitation orders or modifications to existing orders. A temporary order or modification may be necessary to address urgent concerns before the case is finalized. A permanent change may be appropriate if the parties need to make a long-term modification of the agreement.
Can Parents Modify Visitation Without Going to Court in SC?
Parents should ask the court’s permission before modifying their visitation schedule. When the court signed the visitation agreement, the document became a binding order. This means the parties may be found in contempt of court if they do not do what the judge told them to do. Because of this, the parents would benefit from filing the formal paperwork and getting the judge’s authorization before making a change.
An exception to this might be if there is an immediate threat to the child’s safety if the parties follow the current agreement. However, the parents should make sure to talk to an attorney before deciding how to proceed.
Talk to a Family Lawyer About Changing Your Visitation
Modifying your visitation schedule may be necessary because of life changes, such as safety concerns or a parent relocating. A respected family law lawyer can help you understand if your situation qualifies under South Carolina law. They can also prepare and file the necessary documents (like motions or petitions) to set this request in motion. Additionally, lawyers can present your case to a judge and help increase your chances of the court accepting your request.
Contact Turner Family Law for Help Modifying a Visitation Order
It is very common for people to need to modify visitation schedules after their parentage, custody, divorce, or other proceeding is finalized. South Carolina law allows people to ask the judge to change their visitation order if they can show there is a need because of a change in circumstances. That said, the parent who would like the change to occur should request it by filing the proper forms with the appropriate court.
Turner Family Law provides empowering and effective legal solutions to people who are getting divorced or who need to enforce or modify their visitation agreements. J. Michael Turner, Jr., is a father and has also gone through the divorce process, so he understands what many of his family law clients are going through. He calls on his personal experience and deep legal knowledge to craft compelling and compassionate solutions. If you have questions about how to modify your visitation order, contact Turner Family Law today by calling 864-778-2734 to schedule a no-obligation consultation.
